Citation Nr: 9817458
Decision Date: 06/05/98 Archive Date: 06/15/98
DOCKET NO. 94-29 702 ) DATE
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On appeal from the
Department of Veterans Affairs (VA) Regional Office and
Insurance Center (ROIC) in Philadelphia, Pennsylvania
THE ISSUES
1. Entitlement to an evaluation in excess of 10 percent for
the service-connected left ankle strain with residuals of an
avulsion fracture of the distal fibula.
2. Entitlement to a compensable evaluation for the service-
connected right knee strain.
3. Entitlement to an evaluation in excess of 10 percent for
the service-connected lumbosacral strain.
4. Entitlement to an evaluation in excess of 10 percent for
the service-connected psychiatric disorder.
5. Entitlement to service connection for a left knee
disorder.
6. Entitlement to a total compensation rating based on
individual unemployability.
ATTORNEY FOR THE BOARD
James L. March, Counsel
INTRODUCTION
The veteran served on active duty from April 1990 to March
1993.
This matter initially came before the Board of Veterans’
Appeals (Board) on appeal from October 1993 and May 1994
rating decisions of the Philadelphia, Pennsylvania, ROIC. In
December 1996, the Board found that the veteran had not
presented a well-grounded claim of service connection for a
left knee disorder. The remaining issues were remanded for
further development. The veteran appealed to the United
States Court of Veterans Appeals (Court).
In a November 1997 decision, the Court reversed the Board’s
finding that the left knee disorder claim was not well
grounded, and remanded the case for additional consideration.
REMAND
In the November 1997 decision, the Court held that the
veteran’s claim of service connection for a left knee
disorder was well grounded. In addition, the Court
determined that, because a May 1993 VA examination did not
contain an express finding regarding the veteran’s left knee,
the report was not sufficient to fulfill VA’s duty to assist
the veteran. The Court stated that the Board must obtain an
examination in which the examiner specifically opines as to
whether the veteran currently suffers from a left knee
disability and, if so, the probability that such is related
to service.
In light of the foregoing, the Board is REMANDING this case
for the following actions:
1. The ROIC should contact the veteran
and request that he identify the names,
addresses, and approximate dates of
treatment for all VA and non-VA health
care providers who have treated him since
service for a left knee disorder. After
obtaining any necessary authorization
from the veteran, the ROIC should attempt
to obtain copies of pertinent treatment
records identified by the veteran in
response to this request, which have not
been previously secured. The veteran
should be provided an opportunity to
submit additional medical evidence or
argument.
2. The ROIC should schedule the veteran
for a comprehensive VA orthopedic
examination in order to determine the
nature and likely etiology of the claimed
left knee disorder. All indicated tests
must be conducted. The claims file must
be made available to and reviewed by the
examiner prior to the requested study.
The examiner should specifically state
whether the veteran currently suffers
from a left knee disability. If so, the
examiner should provide an opinion as to
whether it is at least as likely as not
that any current left knee disability is
related to the May 1990 complaint of
bilateral knee pain (diagnosed as
infrapatellar tendinitis) or the March
1993 diagnosis of bilateral knee
condition. A complete rationale for any
opinion expressed must be provided.
3. After undertaking any additional
development deemed appropriate, the ROIC
should readjudicate the issue of service
connection for a left knee disorder. The
ROIC is once again reminded of the
Board’s December 1996 remand instructions
regarding the remaining issues on appeal.
If the benefits sought on appeal are not granted, the veteran
should be issued a Supplemental Statement of the Case and be
afforded a reasonable opportunity to reply. Thereafter, the
case should be returned to the Board for further appellate
consideration, if otherwise in order. In taking this action,
the Board implies no conclusion as to any ultimate outcome
warranted. No action is required of the veteran until he is
otherwise notified by the ROIC.
This claim must be afforded expeditious treatment by the
ROIC. The law requires that all claims that are remanded by
the Board of Veterans’ Appeals or by the United States Court
of Veterans Appeals for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans’ Benefits Improvements Act of 1994, Pub. L.
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A.
§ 5101 (West Supp. 1998) (Historical and Statutory Notes).
In addition, VBA’s ADJUDICATION PROCEDURE MANUAL, M21-1, Part
IV, directs the ROs to provide expeditious handling of all
cases that have been remanded by the Board and the Court.
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.
STEPHEN L. WILKINS
Member, Board of Veterans’ Appeals
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans’ Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1998).
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